The Civil Procedure (Amendment No. 5) Rules 2013

JurisdictionUK Non-devolved
CitationSI 2013/1571

Rules made by the Lord Chancellor, laid before Parliament under paragraph 3(6)(a) of Schedule 3 to the Justice and Security Act 2013, for approval by resolution of each House of Parliament within forty days beginning with the day on which the Rules were made, subject to extensions for periods of dissolution, prorogation or adjournment for more than four days.

2013No. 1571 (L. 17)

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment No. 5) Rules 2013

26thJune2013

27thJune2013

The Lord Chancellor makes the following Rules in exercise of the power conferred by paragraph 3 of Schedule 3 to the Justice and Security Act 2013( 1) ("the 2013 Act") to make rules under section 1 of the Civil Procedure Act 1997( 2) and sections 6(9) and (10), 7(6), 8, 10, 11 and 18(4) and (5) of the 2013 Act.

Before making these Rules, the Lord Chancellor has consulted the Lord Chief Justice of England and Wales in accordance with paragraph 3(3)(a) of Schedule 3 to the 2013 Act.

Citation, commencement and interpretation

1. These Rules may be cited as the Civil Procedure (Amendment No. 5) Rules 2013 and come into force on the day after the day on which they are made.

2. In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998( 3).

Amendments to the Civil Procedure Rules 1998

3. In rule 1.2 (application by the court of the overriding objective), for "and 80.2" substitute ", 80.2 and 82.2".

4. In rule 12.3-

(a) at the end of paragraph (3)(b), omit "or"; and

(b) after paragraph (3)(c), insert -

"; or

(d) notice has been given under rule 82.21 of a person's intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.".

5. In rule 30.3, after paragraph (2) insert-

"(3) Where in proceedings before a county court the court considers that there is a real possibility that a party would in the course of the proceedings be required to disclose material the disclosure of which would be damaging to the interests of national security, the court must transfer the proceedings to the High Court.".

6. After Part 81, insert Part 82 (closed material procedure) as set out in the Schedule to these Rules.

Chris Grayling

Lord Chancellor

26th June 2013

SCHEDULE

Rule 6

"PART 82

CLOSED MATERIAL PROCEDURE

Contents of this Part

SECTION I APPLICATION OF THIS PART

82.1

Scope and interpretation

82.2

Modification to the overriding objective

82.3

Rules to apply subject to this Part

SECTION

GENERAL PROVISIONS

II

82.4

Scope of this Section

82.5

Case management

82.6

Hearings in private

82.7

Notification of hearings

82.8

Proceedings which must be determined at a hearing

82.9

Appointment of a special advocate

82.10

Functions of a special advocate

82.11

Special advocate: communicating about proceedings

82.12

Evidence in proceedings to which this Part applies

82.13

Sensitive material

82.14

Consideration of closed material application or of objection to special advocate's communication

82.15

Failure to comply with directions

82.16

Judgments

82.17

Application by the Secretary of State or relevant person for reconsideration of decision

82.18

Supply of court documents

SECTION

APPLICATIONS UNDER SECTION 6(2) OF THE ACT

III

82.19

Scope of this Section

82.20

Possible application for declaration under section 6(2) of the Act by Secretary of State: notification to Secretary of State if not a party

82.21

Notification of intention to make application for a declaration

82.22

Application for a declaration

82.23

Directions for hearing of application

82.24

Notification by applicant following hearing of application

82.25

Secretary of State to be joined where declaration made

82.26

Directions following declaration

SECTION

REVIEW AND REVOCATION OF DECLARATIONS MADE UNDER SECTION 6 OF THE ACT

IV

82.27

Scope of this Section

82.28

Possible revocation of declaration: court's own motion

82.29

Application for revocation of declaration

82.30

Formal review of declaration

SECTION V REVIEW, UNDER SECTION 18 OF THE ACT, OF A CERTIFICATE UNDER SECTION 17(3)(e) OF THE ACT

82.31

Review of certification

SECTION

APPEALS TO THE COURT OF APPEAL

VI

82.32

Modification of Part 52 (appeals)

SECTION I

Application of this Part

Scope and interpretation

82.1.

-(1) This Part contains rules-

(a) about-

(i) applications under sections 6(2), 7(4) and 18(1) of the Justice and Security Act 2013;

(ii) closed material applications in section 6 proceedings;

(iii) section 6 proceedings; and

(b) about appeals to the Court of Appeal where there have been proceedings on or in relation to any matter within sub-paragraph (a) in the High Court.

(2) Subject to paragraph (3), in this Part-

(a) "the Act" means the Justice and Security Act 2013;

(b) "closed material application" means an application of the kind mentioned in section 8(1)(a) of the Act;

(c) "legal representative" is to be construed in accordance with section 14(1) of the Act;

(d) "relevant person" is to be construed in accordance with section 14(1) of the Act;

(e) "section 6 proceedings" is to be construed in accordance with section 14(1) of the Act;

(f) "sensitive material" has the meaning given by section 6(11) of the Act;

(g) "special advocate" means a person appointed under section 9(1) of the Act;

(h) "specially represented party" means a party whose interests a special advocate represents;

(3) In relation to proceedings arising by virtue of section 18 of the Act (review of certification)-

(a) a reference to the relevant person is to be read as a reference to the Secretary of State; and

(b) a reference to the interests of national security includes a reference to the interests of the international relations of the United Kingdom.

Modification to the overriding objective

82.2.

-(1) Where any of the rules in this Part applies, the overriding objective in Part 1, and so far as possible any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court must ensure that information is not disclosed in a way which would be damaging to the interests of national security.

(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.

Rules to apply subject to this Part

82.3.

-(1) Subject to paragraph (2), in relation to proceedings to which this Part applies, these Rules apply subject to the rules in this Part.

(2) Part 31 (disclosure and inspection of documents) applies to proceedings to which this Part applies, subject only to rule 82.2 and the court's permission for material not to be disclosed otherwise than to-

(a) the court;

(b) any person appointed as a special advocate; and

(c) where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State.

SECTION II

General provisions

Scope of this Section

82.4. This Section applies, except where otherwise indicated, to the proceedings mentioned in rule 82.1.

Case management

82.5. Proceedings to which this Section applies are to be treated as allocated (or, as the case may be, re-allocated) to the multi-track.

Hearings in private

82.6.

-(1) If the court considers it necessary for any party and that party's legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed where disclosure would be damaging to the interests of national security, it must-

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which that party and that party's legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

Notification of hearings

82.7. Unless the court directs otherwise, it must serve notice of the date, time and place fixed for any hearing on-

(a) every party, whether or not entitled to attend that hearing; and

(b) the special advocate or those instructing the special advocate.

Proceedings which must be determined at a hearing

82.8. The following proceedings must, unless the court directs otherwise, be determined at a hearing-

(a) an application by the Secretary of State under section 6(2) of the Act for a declaration;

(b) a closed material application;

(c) a review of the court's own motion under section 7 of a declaration made under section 6 of the Act;

(d) a formal review under section 7(3) of the Act of a declaration made under section 6 of the Act;

(e) an application under section 7 of the Act for revocation of a declaration made under section 6 of the Act;

(f) an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside;

(g) an appeal to the Court of Appeal from a decision or order of the High Court made in any of the proceedings mentioned in paragraphs (a) to (f) above.

Appointment of a special advocate

82.9.

-(1) Subject to paragraphs (2) and (3), where-

(a) the Secretary of State decides to make an application under section 6(2) of the Act for a declaration; or

(b) the Secretary of State receives written notice under rule 82.21 (notification of intention to make application for a declaration) that a party other than the Secretary of State intends to make such an application; or

(c) the Secretary of State receives written notice under rule 82.31 (review of certification) of an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside,

the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under section 9(1) of the Act, has the power to appoint a special advocate).

(2) Paragraph (1)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT